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HomeMy WebLinkAboutR-1995-076 Walsh Moncada and Company• RESOLUTION NO. R-95- 7G A RESOLUTION authorizing the execution of a professional services agreement with Walsh Moncada and Company. WHEREAS, the City of Yakima employs a work force of over 600 people; and WHEREAS, it is necessary to comply with the Charter Civil Service Commission Rules and Regulations regarding reclassification/classification studies and for the purpose of avoiding legal liability and promoting a productive workplace; and WHEREAS, the Human Resources 'Division of the City of Yakima does not have staffing levels or specialized expertise to conduct the reclassification/classification studies and cannot respond to the reclassification/classification studies in a timely manner; and WHEREAS, Walsh Moncada and Company specializes in conducting classification and compensation studies in the public sector arena, and it is in the best interest of the City to contract to utilize their expertise according to the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Consulting Services Agreement" with Walsh Moncada and Company for the purpose of conducting reclassification studies. ADOPTED BY THE CITY COUNCIL thisg3`aday of ,1995. A1TESr Mayor City Clerk (1a)res/va1ah aoncada.rp C- CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA AND WALSH MONCADA AND COMPANY THIS AGREEMENT is made and entered into this Sfday of , 1995, by and between the City of Yakima, Human Resources Division, herein referred to as the "City" and Walsh Moncada and Company, a company herein referred to as "Contractor." WHEREAS, the City finds it necessary to contract with Walsh Moncada and Company to provide specialized human resources services in performing classification/reclassification work. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Contractor as follows:: 1. Professional Services. Contractor shall serve as temporary chief examiner for reclassifications / classification studies and shall perform all of the work, tasks, and services contained in Attachment "A," consulting Proposal, which is attached and incorporated into this Agreement. 2. Term. The term of this Agreement shall commence on the 23rd day of May, 1995, and terminate on the 31st day of December, 1997. 3. Consideration. As consideration for the work, tasks, and services performed by Contractor, the City agrees to compensate Contractor according to the payment schedule contained within Attachment "A"; 4. Status of Contractor. Contractor and the City understand and expressly agree that Contractor is an independent contractor in the performance of each and every part of this Agreement. Contractor and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 5. Taxes And Assessments. Contractor shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Contractor shall pay the same before it becomes due. Page 1 of 4 (1s)agr/walsh moncada.pm 6. Nondiscrimination. During the performance of this Agreement, Contractor shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 7. Compliance With Law. Contractor agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 8. No Insurance. It is understood that the City does not maintain liability insurance on Contractor and / or its employees. 9. Hold Harmless. Contractor shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all liability resulting out of the performance of this Agreement. 10. No Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor stated herein. 11. Termination. The City may terminate this Agreement, with or without cause, by giving Contractor fifteen (15) days written notice of termination. 12. Damages. If for any reason Contractor fails to provide the services specified in this Agreement and the City is forced to secure such services from another person or entity, Contractor shall be liable for any and all additional expenses to fulfill their obligation to the City under this Agreement. This provision shall not serve as a limitation upon other damages that may be available to the City pursuant to statutory and/or common law. 13. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 14. Integration. This written document constitutes the entire agreement between the City and Contractor. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. There is no other oral or written agreements between the parties as to the subjects covered herein. Page 2 of 4 (1s)agr/walsh moncada.pm 15. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO CONTRACTOR: Human Resources Manager City of Yakima Human Resources Division 129 North 2nd Street Yakima, WA 98901 President Walsh Moncada and Company 10715 178th Street S.E. Snohomish, WA 98920 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 17. Attorney's Fees. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorneys fees. 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA, WASHINGTON WALSH MONCADA AND COMPANY By: Dick Zais, CfManager Dated: W\0-�- j u ATTEST: By: ;" City Clerk Dated: Vvla-,.) 3 () 1 1.5 CITY CONTRACT NO. 9S -3 3 1 09,3— By: 9 By: Erin Walsh Moncada, President Dated: 1 ` l By: Dated: Page 3 of 4 (1s)agr/walsh moncada.pm STATE OF WASHINGTON ) :SS. County of Yakima ) I certify that I know or have satisfactory evidence that Erin Walsh Moncada is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the President of Walsh Moncada and Company to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Page 4 of 4 (1s)agr/walsh moncada.pm u, 5\),N1\ � NOTARY PUBLIC in and for the State of Washington, residing at 6c A- My commission expires: ? - 2.3 -- UCH R. SMITH BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 `'4 For Meeting Of 5/23/95 1'1'EM TITLE: A Resolution Authorizing the Execution of a Professional Services Agreement for Conducting Reclassification Studies SUBM111 ED BY: Carol A. Bates, Chief Examiner Sheryl M. Smith, Deputy Personnel Officer CONTACT PERSON/ 1LLEPHONE: Sheryl M. Smith, x6090 SUMMARY EXPLANATION: This Resolution authorizes the execution of a Professional Services Agreement with Walsh Moncada and Company for conducting reclassification studies in compliance with the Charter Civil Services Rules and Regulations. -The Charter Civil Service Commission recently amended their rules regarding the reclassification process to allow a more effecient and timely manner in which to process reclassification studies annually; the amended rule was approved with a sunset period of 12/31/97. After that, the reclassification procedure will be reviewed and modified if necessary. The new rule requires reclass requests to be submitted for review by March 31st of a calendar year and the Chief Examiner to determine if a reclass study is warranted by April 30th of a calendar year. The rule further requires that the study be completed by mid year so that the resulting pay adjustment, if warranted, be budgeted for implementation the following January lst. These time frames will be adjusted for 1995, as approved by the Commission, but it is anticipated that reclass studies could be conducted in June and July for implementation January 1, 1996 as warranted. In anticipation of the rule change, the Council approved $11,000 in the 1995 budget to contract with a compensation consulting firm to conduct the reclass studies. Walsh Moncada was the same firm which conducted a large number of reclassification studies in 1994. A copy of the amended reclassification rule is attached for information purposes. Resolution X Ordinance Contract Other (Specify)Professional Services Contract Funding Source Personnel APPROVED FOR SUBMITTAL: —City Manager STAFF RECOMMENDATION: Recommend approval. BOARD/COMMISSION RECOMMENDATION: COUNCIL AC, HON: Resolution No. R-95-76